Unless specifically defined below, words or phrases used in
this article shall be interpreted to give them the meaning they have
in common usage and to give this article its most reasonable application.
Appeal.A request for a review of the floodplain administrator’s
interpretation of any provision of this article or a request for a
variance.
Area of shallow flooding.A designated AO, AH, AR/AO, AR/AH, or VO zone on the community’s
flood insurance rate map (FIRM) with a 1% chance or greater annual
chance of flooding to an average depth of 1 to 3 feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
Area of special flood hazard.The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year. The area may
be designated as Zone A on the FHBM. After detailed ratemaking has
been completed in preparation for publication of the FIRM, the area,
Zone A, usually is refined into Zones A, AO, AH, A1-30, AE, AH, AO,
A1-99, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30,
VE, or V. For purposes of this ordinance, the term “special
flood hazard area” is synonymous in meaning with the phrase
“area of special flood hazard.”
Base flood.The flood having a 1% chance of being equaled or exceeded
in any given year.
Base flood elevation (BFE).The elevation shown on the flood insurance rate map (FIRM)
and found in the accompanying flood insurance study (FIS) for zones
A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface
elevation resulting from the flood that has a 1% chance of equaling
or exceeding that level in any given year. Also called the base flood.
Breakaway wall.A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces, without causing damage to the
elevated portion of the building or supporting foundation system.
Critical feature.An integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire
system would be compromised.
Developed area.An area of the City that is:
(1) A primarily urbanized, built-up area that is a minimum of 20
contiguous acres, has basic urban infrastructure, including roads,
utilities, communications, and public facilities, to sustain industrial,
residential, and commercial activities, and:
(a) Within which 75 percent or more of the parcels, tracts, or lots
contain commercial, industrial, or residential structures or uses;
(b) Is a single parcel, tract, or lot in which 75 percent of the
area contains existing commercial or industrial structures or uses;
or
(c) Is a subdivision developed at a density of at least two residential
structures per acre within which 75 percent or more of the lots contain
existing residential structures at the time the designation is adopted.
(2) Undeveloped parcels, tracts, or lots, the combination of which is less than 20 acres and contiguous on at least 3 sides to areas meeting the criteria of subsection
(1) at the time the designation is adopted.
(3) A subdivision that is a minimum of 20 contiguous acres that has obtained all necessary government approvals, provided that the actual “start of construction” of structures has occurred on at least 10 percent of the lots or remaining lots of a subdivision or 10 percent of the maximum building coverage or remaining building coverage allowed for a single lot subdivision at the time the designation is adopted and construction of structures is underway. Residential subdivisions must meet the density criteria in subsection
(1)(c).
Development.Any manmade change in improved and unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations
or storage of equipment or materials.
Elevated building.A nonbasement building: (1) built, in the case of a building
in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top
of the elevated floor, or in the case of a building in zones V1-30,
VE, or V, to have the bottom of the lowest horizontal structure member
of the elevated floor elevated above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the
floor of the water; and (2) adequately anchored so as not to impair
the structural integrity of the building during a flood of up to the
magnitude of the base flood. In the case of zones A1-30, AE, A, A99,
AO, AH, B, C, X, D, elevated building also includes a building elevated
by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of floodwaters. In
the case of zones V1-30, VE, or V, elevated building also includes
a building otherwise meeting the definition of elevated building,
even though the lower area is enclosed by means of breakaway walls
if the breakaway walls meet the standards of section 60.3(e)(5) of
the National Flood Insurance Program regulations.
Existing construction.For the purposes of determining rates, structures for which
the start of construction commenced before the effective date of the
FIRM or before January 1, 1975, for FIRMs effective before that date.
Existing construction may also be referred to as existing structures.
Existing manufactured home park or subdivision.A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by the City.
Expansion to an existing manufactured home park or subdivision.The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
Flood fringe.The area between the floodway and the boundary of the base
or 100-year flood.
Flood or flooding.(1) A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(a) The overflow of inland and tidal waters;
(b) The unusual and rapid accumulation or runoff of surface waters
from any source; or
(c) Mudslides (i.e., mudflows) which are proximately caused by flooding
as defined in subsection (1)(b) of this definition and are akin to
a river of liquid and flowing mud on the surfaces of normally dry
land areas, as when earth is carried by a current of water and deposited
along the path of the current.
(2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection
(1)(a) of this definition. a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; or (3) mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection
(1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection
(1)(a) of this definition.
Flood insurance rate map (FIRM).The official map of a community, on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazards
and the risk premium zones applicable to the City. A FIRM that has
been made available digitally is called a “Digital Flood Insurance
Rate Map” or “DFIRM.”
Flood insurance study.The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, water surface elevation
of the base flood, as well as the flood boundary-floodway map. Also
known as a “flood elevation study.”
Flood protection system.Those physical structural works for which funds have been
authorized, appropriated, and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the
areas within a community subject to a special flood hazard and the
extent of the depths of associated flooding. Such a system typically
includes hurricane tidal barriers, dams, reservoirs, levees or dikes.
These specialized flood modifying works are those constructed in conformance
with sound engineering standards.
Floodproofing.Any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Floodway (regulatory floodway).The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one (1) foot.
Functionally dependent use.A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
Habitable floor.Any floor usable for the following purposes; which include
working, sleeping, eating, cooking or recreation, or a combination
thereof. A floor used for storage purposes only is not a habitable
floor.
Highest adjacent grade.The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Historic structure.Any structure that is:
(1) Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
[of the Interior] to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior;
(4) Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(a) By an approved state program as determined by the Secretary
of the Interior; or
(b) Directly by the Secretary of the Interior in states without
approved programs.
Levee.A manmade structure, usually an earthen embankment, designed
and constructed in accordance with sound engineering practices to
contain, control, or divert the flow of water so as to provide protection
from temporary flooding.
Levee system.A flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which
are constructed and operated in accordance with sound engineering
practices.
Lowest floor.The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building’s lowest floor; provided that
such enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirement of section 60.3
of the National Flood Insurance Program regulations.
Manufactured home.A structure transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term manufactured home also includes
park trailers, travel trailers, and other similar vehicles placed
on a site for greater than 180 consecutive days. For insurance purposes,
the term manufactured home does not include park trailers, travel
trailers, and other similar vehicles.
Mean sea level.For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to
which base flood elevations shown on a community’s flood insurance
rate map are referenced.
New construction.For the purposes of determining insurance rates, structures
for which the “start of construction” commenced on or
after the effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent improvements
to such structures. For floodplain management purposes, new construction
means structures for which the start of construction commenced on
or after the effective date of a floodplain management regulation
adopted by the City and includes any subsequent improvements to such
structures.
New manufactured home park or subdivision.A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by the City.
Person.An individual or group of individuals, corporation, partnership,
association, or any other entity, including State and local governments
and agencies.
Principally above ground.A structure is principally above ground if at least 51% of
the actual cash value of the structure, less land value, is above
ground.
Recreational vehicle.A vehicle which is:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal
projections;
(3) Designed to be self-propelled or permanently towable by a light
duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
Riverine.Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
Start of construction.For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (pub. L. 97-348), includes
substantial improvement and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways; nor does
it include excavation for basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure.
Structure.For floodplain management purposes a walled and roofed building,
including a gas or liquid storage tank that is principally above ground,
as well as a manufactured home. Structure can also mean any physical
body which is capable of diverting floodwaters.
Substantial damage.Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50 percent of the market value of the structure before
the damage occurred.
Substantial improvement.Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds fifty (50) percent of the market
value of the structure either:
(1) Before the improvement or repair is started; or
(2) If the structure has been damaged and is being restored, before
the damage occurred.
(3) For the purposes of this definition substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions; or
(b) Any alteration of a structure listed on the National Register
of Historic Places or a state inventory of historic places.
Variance.A grant of relief to a person from the requirements of this
article when specific enforcement would result in unnecessary hardship.
A variance, therefore, permits construction or development in a manner
otherwise prohibited by this article. (For full requirements, see
section 60.6 of the National Flood Insurance Program regulations.)
Violation.The failure of a structure or other development to be fully
compliant with the City’s floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
of the National Flood Insurance Program regulations is presumed to
be in violation until such time as that documentation is provided.
Water surface elevation.The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum, where specified), of floods
of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
(
Ordinance 4078, sec. 1, adopted 3/10/87;
Ordinance 6707, sec. 1, adopted 6/17/14;
Ordinance 7052, sec. 25, adopted 5/7/19)
The City may make inspections of construction or development within any area of special flood hazard established in section
31.102(B). Records shall be maintained of as-built elevations and the location of the development with reference to the floodway limits. Costs of subsequent inspections required by noncomplying construction or development may be billed directly to the developer requesting the final inspection at current standard industry rates.
(
Ordinance 4078, sec. 1, adopted 3/10/87;
Ordinance 6707, sec. 1, adopted 6/17/14)
Federal Emergency Management Agency (FEMA) letter of map amendment (LOMA). Upon request by a property owner, the Engineering Department may prepare a FEMA compliant LOMA for the individual property. The property owner will provide the City with a FEMA-compliant elevation certificate. The property owner shall pay the City a nonrefundable fee in the amounts designated in the Master Fee and Rate Schedule, Article VII, Section
10.85, of Chapter
10. The fee is due before the City begins work. The work will be accomplished within the City’s typical operating schedule.
(
Ordinance 5847, sec. 9, adopted 9/7/04;
Ordinance 6707, sec. 1, adopted 6/17/14;
Ordinance 7052, sec. 27, adopted 5/7/19;
Ordinance 7363 adopted 9/6/2022)